First Regular Session
Sixty-second General Assembly
LLS NO. 99-0205.02 Robert Neill HOUSE BILL 99-1202
STATE OF COLORADO
BY REPRESENTATIVE Alexander
AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
A BILL FOR AN ACT
101 CONCERNING THE EFFECTIVENESS OF APPLE MARKETING ORDERS, AND, IN
102 CONNECTION THEREWITH, ENHANCING THE ACCOUNTABILITY OF
103 THE BOARD OF CONTROL.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Directs the board of control for any apple marketing order to
establish an advertising and sales promotion plan as well as an advertising
and sales promotion budget and to make such plan and budget available
upon request to the apple growers subject to the order. Requires the
board to develop procedures for implementing a cost-benefit analysis of
expenditures for advertising and sales promotion.
Requires that there be a periodic review of any apple marketing
order and a vote by secret ballot every 3 years to determine whether to
continue or terminate the marketing order.
Prohibits the board of control from expending moneys for political
influence, including employing lobbyists, either by contract or direct
employment.
Requires enforcement of the provision found in Colorado
department of agriculture docket no. A-15 dated October 1, 1982, that
calls for an annual audit of the books of the board of control to be filed
with the commissioner and the governor or the apple marketing order
shall automatically terminate.
Requires any expenditures for attorney services not to exceed a
certain percentage of the advertising and sales budget.
Requires approval of 50% of apple growers within the counties
covered by the order to terminate or change the order.
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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Requires any apple marketing order to contain provisions for
deferment and exemption of assessments by September 1, 1999.
Provides that no apple marketing order shall be expanded to
embrace an additional region without the approval of at least a simple
majority of the apple growers subject to the order in the region or
counties that are to be added.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 28 of title 35, Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW SECTION to read:
4 35-28-106.5. Apple marketing orders. (1) IN ADDITION TO THE
5 PROVISIONS THAT MAY BE CONTAINED IN A MARKETING ORDER PURSUANT
6 TO SECTION 35-28-108, AN APPLE MARKETING ORDER ISSUED PURSUANT TO
7 THIS ARTICLE SHALL CONTAIN PROVISIONS DIRECTING THE BOARD OF
8 CONTROL OF THE APPLE MARKETING ORDER TO:
9 (a) ESTABLISH AN ADVERTISING AND SALES PROMOTION PLAN BY
10 A DATE TO BE SET BY THE BOARD;
11 (b) ESTABLISH AN ADVERTISING AND SALES PROMOTION BUDGET
12 BY A DATE TO BE SET BY THE BOARD;
13 (c) MAKE THE ADVERTISING AND SALES PROMOTION PLAN AND THE
14 ADVERTISING AND SALES PROMOTION BUDGET AVAILABLE UPON REQUEST
15 TO THE APPLE GROWERS SUBJECT TO THE MARKETING ORDER;
16 (d) DEVELOP PROCEDURES FOR IMPLEMENTING A COST-BENEFIT
17 ANALYSIS OF EXPENDITURES FOR ADVERTISING AND SALES PROMOTION TO
18 DETERMINE THE EFFECTIVENESS OF SUCH EXPENDITURES.
19 (2) THE BOARD OF CONTROL OF AN APPLE MARKETING ORDER IS
20 EXPRESSLY PROHIBITED FROM EXPENDING MONEYS FOR GOVERNMENTAL
21 OR POLITICAL ACTION OR INFLUENCE, INCLUDING THE EMPLOYMENT OF
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1 LOBBYISTS BY CONTRACT OR BY DIRECT EMPLOYMENT.
2 (3) EVERY THREE YEARS THE CONTINUANCE OF AN APPLE
3 MARKETING ORDER SHALL BE SUBMITTED TO THE APPLE GROWERS WITHIN
4 THE REGION OR COUNTIES COVERED BY THE ORDER FOR APPROVAL. SUCH
5 GROWERS SHALL VOTE BY SECRET BALLOT TO CONTINUE OR TERMINATE
6 THE APPLE MARKETING ORDER. SUCH VOTE SHALL TAKE PLACE BY MAILED
7 BALLOTS. VOTES WILL BE TALLIED BY THE BOARD OF CONTROL UNDER THE
8 SUPERVISION OF DEPARTMENT OF AGRICULTURE PERSONNEL.
9 (4) UNDER ANY APPLE MARKETING ORDER, PARAGRAPH EIGHT OF
10 SUBSECTION K OF SECTION II OF COLORADO DEPARTMENT OF
11 AGRICULTURE DOCKET NO. A-15 DATED OCTOBER 1, 1982, CONCERNING
12 AN ANNUAL AUDIT OF THE BOOKS OF THE BOARD OF CONTROL TO BE FILED
13 WITH THE COMMISSIONER AND THE GOVERNOR SHALL BE ENFORCED OR THE
14 APPLE MARKETING ORDER SHALL AUTOMATICALLY TERMINATE.
15 (5) WHERE THE BOARD OF CONTROL DETERMINES THAT THE
16 SERVICES OF AN ATTORNEY ARE REQUIRED TO PROMOTE THE INTERESTS OF
17 THE APPLE MARKETING ORDER, ANY EXPENDITURES FOR SUCH SERVICES
18 SHALL NOT EXCEED ____ PERCENT OF THE ADVERTISING AND SALES
19 PROMOTION BUDGET.
20 (6) TO TERMINATE OR CHANGE AN APPLE MARKETING ORDER, AT
21 LEAST FIFTY PERCENT OF THE APPLE GROWERS WITHIN THE REGION OR
22 COUNTIES COVERED BY THE ORDER MUST VOTE TO APPROVE THE
23 TERMINATION OR ANY CHANGE EITHER AT A MEETING HELD FOR SUCH
24 PURPOSE OR BY MAIL. MAIL VOTING SHALL BE BY PAPER BALLOT ON
25 BALLOTS PROVIDED BY THE BOARD. VOTES WILL BE TALLIED BY THE
26 BOARD OF CONTROL UNDER THE SUPERVISION OF DEPARTMENT OF
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1 AGRICULTURE PERSONNEL. DETERMINATIONS OF ANNUAL ASSESSMENTS
2 ARE EXEMPT FROM THIS VOTE REQUIREMENT PURSUANT TO SECTION V OF
3 COLORADO DEPARTMENT OF AGRICULTURE DOCKET NO. A-15 DATED
4 OCTOBER 1, 1982.
5 SECTION 2. 35-28-113.5 (1), Colorado Revised Statutes, is
6 amended to read:
7 35-28-113.5. Refunds, deferments, or exemptions of
8 assessments - request by producer. (1) Marketing orders issued after
9 July 1, 1987, as well as amendments to such marketing orders and
10 amendments to marketing orders in existence prior to July 1, 1987, which
11 marketing orders and amendments are issued pursuant to the provisions
12 of this article and which THAT directly affect producers, may contain
13 provisions for refunds of assessments or for refunds of portions of
14 assessments. Any marketing order or amendment, which EXCEPT APPLE
15 MARKETING ORDERS, THAT contains such a provision shall not become
16 effective unless and until the commissioner determines that the issuance
17 of such order is approved and favored by at least a simple majority of the
18 producers who participated in a referendum on the question of its
19 approval and who, during such representative period, have produced for
20 market the commodities specified therein in commercial quantities within
21 the production area specified in such marketing agreement or order. Only
22 the assessment or assessment raise or raises approved by a simple
23 majority of the producers as provided in this subsection (1) or that portion
24 of the assessment or assessment raise which THAT is actually levied by the
25 commissioner shall be subject to the provisions of this section. ANY
26 APPLE MARKETING ORDER SHALL CONTAIN PROVISIONS FOR DEFERMENT
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1 AND EXEMPTION OF ASSESSMENTS BY SEPTEMBER 1, 1999.
2 SECTION 3. 35-28-115 (1), Colorado Revised Statutes, is
3 amended to read:
4 35-28-115. Limitation of marketing orders. (1) Marketing
5 orders issued by the commissioner under this article may be limited in
6 their application by prescribing the marketing areas or portions of the
7 state in which a particular order shall be effective. No marketing order
8 shall be issued by the commissioner unless it embraces all persons of a
9 like class in a given area who are engaged in a specific and distinctive
10 agricultural industry or trade within this state. NO APPLE MARKETING
11 ORDER SHALL BE EXPANDED TO EMBRACE AN ADDITIONAL REGION UNLESS
12 THE EXPANSION IS APPROVED AND FAVORED BY AT LEAST A SIMPLE
13 MAJORITY OF THE APPLE GROWERS SUBJECT TO THE ORDER IN THE REGION
14 THAT IS TO BE ADDED TO SUCH ORDER.
15 SECTION 4. Effective date. This act shall take effect at 12:01
16 a.m. on the day following the expiration of the ninety-day period after
17 final adjournment of the general assembly that is allowed for submitting
18 a referendum petition pursuant to article V, section 1 (3) of the state
19 constitution; except that, if a referendum petition is filed against this act
20 or an item, section, or part of this act within such period, then the act,
21 item, section, or part, if approved by the people, shall take effect on the
22 date of the official declaration of the vote thereon by proclamation of the
23 governor.